beta
(영문) 춘천지방법원 강릉지원 2015.07.22 2015고단361

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On March 12, 2007, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act at the Gangseo branch court of the Chuncheon District Court as a crime of violation of the Road Traffic Act (driving). On October 9, 2009, a fine of 3.5 million won for the same crime in the same court on October 9, 2009, and a fine of 5 million won in the same court on February 3, 2010, respectively.

【Criminal Facts】

Although the Defendant had been subject to a disposition of violation of the Road Traffic Act (driving) on at least two occasions as seen in the above criminal records, the Defendant driven a motor vehicle with blood alcohol concentration of about 0.185% in the section of 3 meters from the road to the road inside the port of an implicit road parking lot (on March 12, 2015), around 12:30 on March 12, 2015, while driving C Coin cargo at around 0.185%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on actions taken against an employer, and report on the status of an employer-employed driver;

1. Previous convictions in judgment: Application of Acts and subordinate statutes of investigation report (Confirmation of the same kind of power);

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. An order to attend a course is rendered for not less than Article 62-2 of the Criminal Act;